To the whites, all Africans who were not of pure blood were gens de couleur [people of color]. Among themselves, however, there were jealous and fiercely-guarded distinctions: "griffes, briques, mulattoes, quadroons, octoroons, each term meaning one degree's further transfiguration toward the Caucasian standard of physical perfection."1

In October of 2014, news outlets began reporting on a case of a lesbian couple suing a sperm bank for receiving the wrong donor’s sperm. As the lawsuit Cramblett v. Midwest Sperm Bank alleged, not only did the couple receive the wrong donor’s sperm, but they had specifically chosen a white donor with blonde hair and blue eyes and the sperm they received had been from a black donor. Both women were white. The couple gave birth to a black/mixed-race child in 2012 and claimed that their daughter’s race posed particular challenges for their family, from facing prejudice in their nearly all-white community to difficulties dealing with their daughter’s hair. The couple sued for “wrongful birth” and “breach of warranty,” citing emotional and economic difficulties.

Clearly, there are legal issues at stake—the particular sperm bank was negligent in their handling of the transaction. But the claim of ‘wrongful birth’ brings up myriad sociopolitical and ethical concerns as well. Effectively, the plaintiff was alleging that her daughter’s blackness generated emotional suffering and economic burdens for Cramblett, and moreover, that she should be compensated for ‘damages’.

Unsurprisingly, many commentators reacted with outrage, disbelief, and dismay—outrage that a mother would sue on account of having a non-white, but healthy child, disbelief that this claim could even be legally articulable, and dismay at the fact that one day this child would learn that her mother implicitly claimed that she should have never been born because she was black/mixed race.

While obviously problematic (the case was thrown out by an Illinois Circuit Court Judge in 2015), the fact that this case was legally and thus on some level, socially and culturally intelligible, sets the stage for an array of philosophical interventions. For my purposes here, I’ll focus primarily on the problems and possibilities of various conceptualizations of race and disability that are illuminated by a politically-aware and historically-situated reading of Cramblett…